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Trademarks, service marks, and trade names are all about goodwill and reputation. The proper execution of the tasks of selection, clearance, adoption, registration, usage, watching, and enforcement all bear on the value and effectiveness of these forms of Intellectual Property in symbolizing their owner's reputation and goodwill. Missteps in performing any one of these tasks can result in loss or diminishment of rights at best, or, at worst, infringement on the rights of others with ruinous consequences.
Marks are the original consumer protection devices. They allow consumers to base their future purchasing decisions on their own past experiences. If a consumer bought Brand X in the past to satisfy a particular need, that consumer may expect to get the same satisfaction when Brand X is purchased in the future. The Brand X mark tells the consumer it is the same product. Marks also allow their owners to reap future rewards for providing a product or service in the past that made a favorable impression on the consumer. An understanding of both the inherent tensions between the interests of the owner and those of the customers, and the laws that bear on the protection of reputation and goodwill is necessary to effectively serve clients in this area.
Belasco Jacobs & Townsley, LLP counsels clients regarding availability, adoption and protection of trademarks, service marks and trade names and prosecutes trademark applications in the US Patent and Trademark office. We also represent clients in related proceedings in the US Patent and Trademark office such as opposition and cancellation proceedings and in the California State and United States Federal Courts. |
